In a Nov. 16 memo on the draft's release, the law firm Bergeson and Campbell suggests that there may be little reason to challenge the agency's finding though it leaves the door open to questioning the data EPA relied on.

The draft “appears to cover all of the key elements required to be evaluated under the new law,” the firm writes. “Assuming that the available information is presented accurately and completely, we see little basis for questioning the conclusion that the substance does not present an unreasonable risk. It will be interesting to see how the draft, specifically its approach and conclusions, fare through the public comment and peer review processes.”